Court orders Nomaphasi Transport to pay for coal delivery shortfall

The Pietermaritzburg High Court has ordered Nomaphasi Transport and Logistics Proprietary Limited to pay R913,866.97, plus 11.5% interest, to Afri In Transit (Proprietary) Limited.

The ruling follows Nomaphasi Transport’s failure to deliver 15,000 tons of coal, for which Afri had paid R10.3 million.

Between January and July 2023, under an oral agreement, Afri In Transit received only 2,652 tons of coal, resulting in a shortfall of over 12,000 tons.

Nomaphasi Transport acknowledged this failure to deliver and, in January 2024, signed an acknowledgment of debt, promising monthly installments of R1,500,000.

Afri In Transit subsequently took the matter to court and sought a summary judgment. Nomaphasi Transport opposed this, arguing that the wrong company was being sued, although they did not dispute that the invoices issued to Afri originated from them.

Acting Judge D Pillay ultimately rejected Nomaphasi Transport's opposition, finding the transport company had no valid defence for the outstanding debt of R913,866.97.

Pillay stated that any genuine defence must have been included in the affidavit resisting summary judgment.

“Had there actually been any bona fide defence available to the defendant in relation to the defendant’s indebtedness for the amount of R913,866.97, such a defence should have been set out in the affidavit resisting summary judgment.”

Pillay stated that liability to pay R913,866.97 was not challenged and is, in fact, an amount that Nomaphasi Transport has reconciled and acknowledged. 

The inability to tender a defence constituted a clear case for Afri's claim for summary judgment.

The acting judge ordered that the interest be calculated from December 1, 2023, and that Nomaphasi Transport should bear the costs for the summary judgment application.

Pillay ordered that the defendant be granted leave to defend the balance of the plaintiff's claim in the action, with costs to be in the cause.

nomonde.zondi@inl.co.za